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Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......y the Director, Military Land and Cantonment Directorate Ministry of Defence, so far as it relates to the writ respondent No.4, the present petitioner should not be declared to have been made without lawful authority and was of no legal effect and why the allotment of the entire plot should not be..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......;tion of the sentence to imprisonment of life by my brother Md. Joynul Abedin J. 3. I feel difficult to persuade myself with the reasoning and discussions as well as the provision of law referred to in the judgment by my brother dismissing the appeal but modified the sentence as sta..Category: Criminal Law | Date: | Hits: 62
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......y manner. In support of his contention refers to a decision in the case of Moudud Ahmed Vs. Anwar Hossain Khan, 15 BLD (AD) (1995) 12. 10. The Government is the custodian of maintaining the law and order situation in the Country and no body other than the Government is concerned under the..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......ning the ballot papers were partly torn. The petitioner, therefore, contends that the impugned order allowing the application for recounting the ballot papers is illegal and cannot be sustained in law. 3. Challenging this order the petitioner moved the High Court Division under Article 10..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......472;). 2. The suit filed seeking relief that the plaintiff is entitled to the benefit of benevolent fund and group insurance under the provision of Ordinance No. XXXIX of 1982 instead of the law prevalent on the aforesaid matters in 1968 and 1969 i.e. not as per provision of Government Se..Category: Employment/Service Law | Date: | Hits: 82
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
.... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......Bulbul inflicted gun-shot injury to P.W.2 Ashraf Ali and not Kalu. Such finding does not suffer misreading, mis-appreciation of non-reading of evidence in the case. There is therefore no warrant in law to interfere with the impugned judgment of the High Court Division and the same is affirmed and ..Category: Criminal Law | Date: | Hits: 38
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......ter hearing observed that the trial Court failed to consider the F.I.R., charge sheet, statements of the witnesses, recorded under section 161 of the Code of Criminal Procedure required under law in the light of the decision reported in 17 BLD (A.D.) 54 and accordingly made the rule ab..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ......est-southern side of the disputed Dag No.1642 and 0.10 decimals of land on the western side of Dag No.1643 claiming that his wife Efatunnessa Khanam purchased on 29.01.1962 from her father-in-law, Siddique Ali, and then she gifted away the said property to defendant Nos.6 and 7. The plaint..Category: Property Law | Date: | Hits: 29
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......f Trade Marks praying for registration with a new design, colour scheme, get up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ..Category: Intellectual Property Law | Date: | Hits: 306
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ...... facts in all these three leave petitions are that the respective petitioners imported Grey Portland cement by opening of respective Letters of Credit complying with the provisions of the relevant law and requirements and that at the time of opening of the respective letter of credit the Go..Category: Fiscal/Taxation Law | Date: | Hits: 68
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ......vil petition for leave to appeal. 7. Nurul Islam Bhuiya, the learned Advocate-on-Record for the petitioners submits that the impugned judgment and order of the High Court Division are bad in law and fact. He further submits that the learned Judge of the High Court Division based his judgme..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......on 23-10-2005 and as such the High Court Division had become functus officio and thereby the application for recalling the order is not legally maintainable and per se the impugned order is bad in law and as such the same is liable to be set aside for ends of justice. Learned Advocate furth..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......of her deceased husband Harendra Chandra Das, such alienation took place, non-consideration of such factual and legal proposition led the single Judge of the High Court Division to commit error in law which resulted in miscarriage of justice. He lastly submits that admittedly the suit is brought..Category: Property Law | Date: | Hits: 23
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......ing for the petitioner submits that the High Court Division was not justified is not considering the fact that the supplementary duty fixed at 25% per Metric Ton on Grey Port Land Cement is without lawful authority inasmuch as the same has been fixed arbitrarily and without fulfillment of the re..Category: Fiscal/Taxation Law | Date: | Hits: 65
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....plaint "certain facts after the suit was decreed were sought to be incorporated". 27. It appears that the contention of the appellant that the statement made in the application for amending the plaint is essentially necessary for determining the real question in controversy bet&...... amendment of the plaint and under Order XLI, rule 27 of the Code of Civil Procedure and permitting both the parties to take necessary steps in the suit for disposal of the suit in accordance with law. &nbs..Category: Procedural Law | Date: | Hits: 173
....illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
...... within period fixed i.e. 20th April, 2007.
Resultantly, Rule stands discharged and stay granted is vacated."
6. We are of the view that the High Court Division considering the facts and the law involved discharged the Rule and accordingly there is no illegality or infirmity in the decision..
Category: Civil Law | Date: | Hits: 120
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......n Ad-hoc Managing Committee suspending the elected Managing Committee of the Samity was illegal and without jurisdiction. He further submits that the High Court Division also committed an error of law in failing to appreciate and consider that the said memo dated 25.2.2007 constituting an Ad-hoc..Category: Civil Law | Date: | Hits: 126
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......ife and the finding is based on evidence. 8. In the above facts and circumstances of the case, we are of the view that the learned Counsel for the petitioner could not point out any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is d..Category: Family Law | Date: | Hits: 188
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......;tion Nos. 955 of 2005, 3186 of 2004, 2183 of 2004, 3362 of 2004 and 4339 of 2004 making the Rules absolute. 2. As the facts of the writ petitions were more or less same and the question of law involved in the writ petitions was common, the aforesaid writ petitions were heard simulta..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ...... and possession in the land in suit described in the schedule attached to the plaint and are entitled to a decree and whether the judgment and decree of the trial Court is sustainable in the eye of law. 9.The Appellate Court took up the second point for consideration first and upon conside..Category: Property Law | Date: | Hits: 32
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